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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Prevention of and Treatment for Substance Abuse Act, No. 70 of 2008

Long title


To provide for a comprehensive national response for the combating of substance abuse; to provide for mechanisms aimed at demand and harm reduction in relation to substance abuse through prevention, early intervention, treatment and re-integration programmes; to provide for the registration and establishment of treatment centres and halfway houses; to provide for the committal of persons to and from treatment centres and for their treatment, rehabilitation and skills development in such treatment centres; to provide for the establishment of the Central Drug Authority; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
PREAMBLE
ARRANGEMENT OF SECTIONS
CHAPTER 1. DEFINITIONS AND OBJECTS OF ACT
1. Definitions
2. Objects of Act
CHAPTER 2. COMBATING OF SUBSTANCE ABUSE
3. Interventions to combat substance abuse
CHAPTER 3. STRATEGIES AND PRINCIPLES FOR DEMAND AND HARM REDUCTION
4. Guiding principles for provision of services
5. Intersectoral strategies for reducing demand and harm caused by substance abuse
6. Development of and compliance with minimum norms and standards
7. Support for services delivered by service providers
CHAPTER 4. PREVENTION AND EARLY INTERVENTION SERVICES
8. Programmes for prevention of substance abuse
9. Purpose of providing prevention programmes
10. Establishment and purpose of programmes for early intervention
11. Provision of prevention and early intervention services by various stakeholders
CHAPTER 5. COMMUNITY-BASED SERVICES
12. Guidelines for community-based services
13. Establishment and provision of community-based services
14. Registration of community-based services
15. Management structure of community-based services
16. Registration of mental health practitioners providing community-based services

CHAPTER 6. IN-PATIENT AND OUT-PATIENT SERVICES
17. Establishment and disestablishment of public treatment centre
18. Purposes for which persons are admitted to treatment centres
19. Registration and cancellation of registration of treatment centre
20. Establishment of public halfway house
21. Registration of private halfway house
22. Compliance with conditions for registration of treatment centre and halfway house
23. Monitoring and assessment of treatment centre and halfway house
24. Staff of public treatment centre and public halfway house
25. Appeals
26. Death, serious injury or abuse of service user or any person affected by substance abuse in treatment centre or halfway house
27. Establishment of out-patient services
28. Children abusing substances or affected by substance abuse
29. Management structure of treatment centre and halfway house
CHAPTER 7. AFTERCARE AND REINTEGRATION SERVICES
30. Establishment of aftercare and reintegration services
31. Support groups
CHAPTER 8. ADMISSION, TRANSFER AND REFERRAL TO TREATMENT CENTRE
32. Admission of voluntary service user to treatment centre
33. Admission of involuntary service user to treatment centre
34. Admission and transfer of children
35. Committal of person to treatment centre after enquiry
36. Committal of person to treatment centre after conviction
37. Court may order enquiry in terms of this Act
38. Estimation of age of person
39. Postponement of order
40. Temporary custody of person pending enquiry or removal to treatment centre
41. Appeal against and review of certain orders
42. Admission or transfer to treatment centre
43. Transfer of involuntary service user from and to treatment centre
44. Transfer of involuntary service user from prison, child and youth care centre, alternative care or health establishment to public treatment centre
45. Retransfer from public treatment centre to prison, child and youth care centre, alternative care or health establishment
46. Leave of absence from treatment centre
47. Involuntary service user of treatment centre may be released on licence or discharged
48. Revocation of licence
49. Admission to treatment centre of persons who are not South African citizens or permanent residents
50. Service user to have access to management and vice versa

CHAPTER 9. DISCIPLINARY INTERVENTION AND APPEAL PROCEDURE
51. Maintenance of discipline in treatment centre, halfway house, out-patient services and community-based services
52. Method of dealing with absconder from treatment centre
CHAPTER 10. CENTRAL DRUG AUTHORITY AND SUPPORTING STRUCTURES
53. Establishment and functions of Central Drug Authority
54. Executive committee
55. Secretariat of Central Drug Authority
56. Powers and duties of Central Drug Authority
57. Establishment of Provincial Substance Abuse Forums
58. Functions of Provincial Substance Abuse Forums
59. Executive committee of Provincial Substance Abuse Forums
60. Establishment of Local Drug Action Committees
61. Functions of Local Drug Action Committees
62. Compliance with implementation of National Drug Master Plan by various government departments, entities and stakeholders
CHAPTER 11. GENERAL PROVISIONS
63. Offences and penalties
64. Delegation
65. Regulations
66. Repeal of laws and savings
67. Short title and commencement

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Copyright Rita V. Felgate 2020